17.08.2021 Labour law

New regulations will allow employer to check whether employee has been vaccinated against COVID-19

The Ministry of Health has announced the introduction of regulations which will allow employers to check whether an employee has been vaccinated against COVID-19. At present, such data are covered by medical confidentiality.

The Ministry of Health has prepared draft legislation providing for the possibility for employers to check whether or not an employee has been vaccinated. The new entitlement will be given to all employers, regardless of the sector in which they operate, and the purpose of introducing these regulations is to ensure safety in workplaces.

According to the draft, employers will also be able to move an unvaccinated employee to another job or recommend remote working so as to reduce possible contact with other people, as well as to direct an unvaccinated employee to a coronavirus test.

The prepared draft is to be submitted to the Sejm soon.

It is worth noting that the existing legislation does not give employers the right to obtain information about the vaccination of employees against COVID-19, or any other vaccination, and all health data of employees, apart from periodic and preliminary examinations, are covered by medical confidentiality. However, informing co-workers and employers about vaccination appears to be socially justifiable and may contribute to the further prevention of the coronavirus pandemic spread.

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Learn more: Is an employer entitled to ask an employee about vaccination against COVID-19?

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